Arizona Probate

Arizona probate is a judicial proceeding through which a decedent's will is validated, the decedent's creditors are paid, and the decedent's separate property assets are distributed to those specified in the decedent's will. In Arizona, the probate of a will may occur via three different types of proceedings: formal, informal, and supervised.

The Arizona statutes that govern probate are found in Arizona Revised Statutes § 14.

Douglas K Cook is an Arizona probate lawyer with over 40 years of experience as a practicing attorney. Although Douglas K Cook's office is located in Mesa, Arizona, he represents clients throughout the Phoenix, Arizona Metropolitan area including the following east valley cities: Scottsdale, Paradise Valley, Tempe, Chandler, & Gilbert.

Last Updated on August 2, 2012

Beginning in 2013, the Affordable Care Act will impose a 3.8% surtax on some types of income, subject to certain thresholds. However, the applicable threshold and the manner in which the surtax is calculated varies depending upon whether the taxpayer is an individual or an estate or non-exempt trust.

Informal probate is a summary procedure and is not litigation. A court officer, called the Registrar, can informally act without a formal hearing. Formal probate is litigation and requires at least one hearing.

Arizona law provides a "default will" for those people that die without a will that meets Arizona's statutory requirements. The statutes which set forth the "default will" are often called intestacy statutes.

The United States can hold parties to asset transfers, both transferors and transferees, personally liable for outstanding debts owed to the United States by a debtor.

In July 2011, Arizona’s Legislature enacted, and Governor Brewer signed, the current version of A.R.S. § 28-2055(B). This statute provides that a person (called a grantor) can designate a beneficiary to whom ownership of a motor vehicle will be transferred upon the death of the grantor via a beneficiary deed.

Two bills, Senate Bill 1499 (SB 1499) and House Bill 2424 (HB 2424), have recently been introduced into the Arizona Legislature to reform Arizona's probate, conservatorship, and guardianship laws under the Arizona Probate Code, primarily by modifying the Arizona statutes applicable to Persons Under Disability And Their Property (A.R.S. § 14-5101 to 15-5501). In addition to these modifications, HB 2424 also proposes to create a Probate Advocacy Panel to oversee Arizona's probate courts.

Probate is the process through which a will is validated by the Arizona Superior Court and the personal representative is appointed, gathers the assets of the decedent, pays the liabilities, and distributes the remaining assets in accordance with the provisions in the will.

Probate is the process by which a will is validated by the Arizona Superior Court and the personal representative gathers the assets of the decedent, pays the liabilities, and distributes the remaining assets in accordance with the provisions in the will.